Floor Statements

I enter a motion to reconsider the vote by which cloture was not invoked on the substitute amendment.

Madam President, would you repeat the vote?

Madam President, once again the Republicans cannot take yes for an answer. They just voted against the second bipartisan bill in less than a week. It is hard to comprehend, but that is true.

But we have learned on the energy efficiency--with all the different agreements that were violated by the Republicans--we learned in the last 24 hours the reason for this. Scott Brown, who is running for the Senate--he is from Massachusetts but running for the Senate in New Hampshire--he asked the Republican caucus: Make sure you don't give Shaheen a victory on this.

So that is what it is all about on that bipartisan bill. That was a bill to conserve energy; 200,000 jobs--something really important for the country. They worked on it since last September.

Stunningly, my friend the Republican leader today is lamenting how things are going around here: Why won't they give us a vote on Keystone?

All he has to do is think back a couple days. They were offered an up-or-down vote on Keystone. They refused to take it. Talk about double-talk--triple-talk. And, of course--of course--whom do they come running to for help? The Koch brothers.

I was criticized for thinking that we should do something about this obscene campaign spending that is going on. And what, lo and behold, is the first suggestion they have that they want to do on tax extenders? They want to do something about ObamaCare. That is the only mention that is listed there--ObamaCare. Even though it has fallen significantly as an issue they are going to win anything on, that is part of their mindset.

Today the Republicans' excuse is they need to vote once again to roll back part of ObamaCare, just as I said. And I already went over the Scott Brown episode. So I wonder who called them today to tell them to kill this bill? Maybe Scott Brown has something to do with this also or maybe it is one of the other Republican candidates who are desiring to be in the Senate. No matter the excuse, Republicans continue to wage war against common sense.

This tax extenders bill was a bill that was hashed out in the Finance Committee. In the Finance Committee, they didn't allow anything except germane amendments--in the Finance Committee--because the plan was to bring that bill here and get it passed. It is a bill that is needed at this time. The business community needs it. Tax reports have to be filed, and until this bill passes, they are not going to be very good if you are a big business. If you take a bus or a subway--there is a subsidy in this bill for people who take buses and subways, public transportation--that is not going to pass. And sales tax deductions-- lots of things that are just common sense. But my friend the Republican leader calls himself the guardian of gridlock--the guardian of gridlock--and I am not going to do a thing to take away that name he loves so much because it is true.

Now we will have the weekend to think about this, I guess. I think it is irrational to block these tax cuts--tax cuts. That is what just happened. The Republicans voted against tax cuts. So maybe the Republicans will hear from their friends down on K Street and

around the country, and maybe they will learn that this is pretty important to everybody--not Democrats, not Republicans; it is important for our country.

My door is always open. I indicated that in my statement following the consent request of the Republican leader, but we have heard nothing.

I don't know how anyone could be more reasonable than Chairman Wyden. They wanted amendments. He offered them amendments.

In the meantime, it should not be lost that Republican Senators are continuing their agenda by just saying no whether it is something as logical and as important as pay equity, so a woman doing the same job as a man gets the same amount of money; that was blocked. And this is an issue that is more than just something that takes place away from the maddening crowds. Look what happened, it appears, at the New York Times. The woman who ran that newspaper was fired yesterday. Why? It is now in the press. Because she complained she was doing the same work as men in two different jobs and made a lot less money than they did. That is why we need that legislation. My daughter should make as much money as a man who does the same work. What kind of example are we setting here when a woman who does the same work as a man doesn't get paid the same amount of money? The Republicans blocked that.

They even blocked raising the minimum wage. We have had Rick Santorum come out in favor of doing that, Mitt Romney, Jeb Bush, and they keep coming on every day, new people coming on to say the minimum wage should be increased--Republicans. But it doesn't matter. They are functioning here under the tutelage of the master of gridlock, the guardian of gridlock.

So as we go back to a few days after President Obama was elected, all the big shot Republicans came here and they came to two conclusions:

No. 1. We are going to do everything we can to make sure Obama is not reelected.

And to the credit of my Republican friend, the Republican leader, he stated that on the Senate floor. He said: My No. 1 goal is to make sure Obama is not reelected.

That was a failure.

But what else did they say at that meeting? The way we are going to make sure that Obama is not reelected and to make sure the Democrats do not do that well--we are going to block everything.

That is what they have done, and here is an example of that right here again today.

No to energy conservation, no to pay equity, no to minimum wage, and now today a new one: no to tax cuts.

So I would hope that come November the American people would just say no to this gridlock we have here in Washington in the Senate.

Madam President, I ask unanimous consent that the order for the quorum call be rescinded.

I ask unanimous consent that the cloture motion with respect to H.R. 3474 be withdrawn.

Madam President, I understand there is a cloture motion at the desk.

Madam President, I ask unanimous consent that the mandatory quorum under rule XXII be waived.

Madam President, I move to proceed to legislative session.

Madam President, I ask unanimous consent that the Senate proceed to a period of morning business, with Senators allowed to speak for up to 10 minutes each.

Madam President, I rise today to recognize the extraordinary work of the Senate Sergeant at Arms Terrance W. Gainer, who is retiring after a distinguished 47-year career in public service.

Mr. Gainer, whom many of us still call ``Chief,'' was sworn in as the 38th U.S. Senate Sergeant at Arms in January 2007, continuing a distinguished career in law enforcement.

As the chief law enforcement and executive officer of the Senate, Mr. Gainer, successfully and--always with great respect for our institution--enforced the rules of the Senate, maintained security in the Capitol and Senate office buildings, and provided important services to Senators in our Washington, DC and State offices.

Mr. Gainer led a force of approximately 850 personnel, many of whom he knew personally, as he often visited their offices. Mr. Gainer always took the time to write personal notes to his employees during important milestones or events in their lives. He always was quick to pick up the phone to provide words of encouragement to employees who were in the hospital or condolences to those who lost a family member. His compassion is unwavering.

Mr. Gainer met challenges head-on during his leadership. Faced with government cutbacks and sequestration, Mr. Gainer guided the first major right-sizing of the Sergeant at Arms organization in many years. Through a combination of operational efficiency and reorganization, Mr. Gainer reduced the SAA's total budget by more than 11 percent over 4 years and reduced the number of employees by 100. At the same time, service outputs increased, and customer and employee satisfaction remained extremely high.

Mr. Gainer could be seen each year, donning a green necktie as he escorted the Prime Minister of Ireland around the Capitol on St. Patrick's Day, before celebrating his wife Irene's birthday that night--a fitting tribute to his Irish Catholic roots. He also considered his time spent with the Dalai Lama in the course of his job as very special.

Mr. Gainer greeted many visitors from around the world in his office

that overlooks the west front of the Capitol, down the National Mall to the Washington Monument. He often relayed the story about putting a Chicago Cubs sticker in his office before a visit from President Obama, who is known to be a Chicago White Sox fan. The office, after all, is that of the Sergeant at Arms, he would remind the U.S. Secret Service agents with a grin.

While escorting the President during the annual State of the Union address, those who know Mr. Gainer best would recognize the tug of the ear or adjusting of his tie as a sign to his grandchildren watching from home.

Mr. Gainer, who grew up in a family of 10 siblings, began his law enforcement career as a police officer in the Chicago Police Department and rose through the ranks, including many years as an experienced homicide detective. An accomplished attorney, Mr. Gainer served as chief legal officer of that department before he entered the Illinois State government as deputy inspector general and deputy director of the Illinois State Police. He served at the U.S. Department of Transportation as Special Assistant to the Secretary before being appointed as Director of the Illinois State Police.

In 1998, Mr. Gainer moved to Washington, DC, where he served as executive assistant chief of police for the Metropolitan Police Department, and 4 years later was selected to be the Chief of the U.S. Capitol Police. He then entered the private sector as a chief executive officer responsible for a multimillion dollar innovative law enforcement program supporting military operations in Iraq and Afghanistan. The following year, the U.S. Senate appointed Mr. Gainer as the Senate Sergeant at Arms.

His tenure in law enforcement in DC included the horrific fatal shootings of two Capitol police officers, the September 11 attack on the Pentagon, the discovery of anthrax and ricin in Senate mailrooms, and mass evacuations triggered by aircraft straying into restricted airspace. As second-in-charge of the Washington Metropolitan Police Department, as Chief of Capitol Police, and as Sergeant at Arms, he spearheaded security during four Presidential inaugurations, including the historic swearing in of the first African-American President.

While serving as Sergeant at Arms, Mr. Gainer was appointed a Commissioner on the Independent Commission on the Security Forces of Iraq, charged with conducting an independent assessment of the Iraqi Security Forces and reporting the findings to Congress. He also served with the Special Envoy for Middle East Regional Security, which was created to advance the resolution of the Israeli-Palestinian dispute by assisting in strengthening security institutions.

Mr. Gainer served annually on the Blue Mass Committee, responsible for organizing the Blue Mass Service, which is held at St. Patrick's Catholic Church in Washington, DC, to pray for those in law enforcement and fire safety, remember those who have fallen, and support those who serve.

Born in Chicago, Mr. Gainer, the son of a milkman and a homemaker, is a decorated veteran who served in Vietnam and retired as a captain in the United States Navy Reserve. His degrees include a bachelor's degree in sociology, a master of science in management, a juris doctor degree, and an honorary doctorate of humane letters. He is married and has six children and 14 grandchildren. Of all his accomplishments, Mr. Gainer would tell you that his family is his greatest accomplishment of all.

Congratulations on your retirement from public service and we wish you the very best in your future.

Madam President, I ask unanimous consent that the Senate proceed to the consideration of S. Res. 449.

Madam President, I ask unanimous consent that the resolution be agreed to, the preamble be agreed to, and the motions to reconsider be considered made and laid upon the table, with no intervening action or debate.

Madam President, I ask unanimous consent that the Senate proceed to the consideration of S. Res. 450.

I ask unanimous consent that the resolution be agreed to, the preamble be agreed to, and the motions to reconsider be considered made and laid upon the table, with no intervening action or debate.

Madam President, I ask unanimous consent that when the Senate completes its business today, it adjourn until 11 a.m. on Monday, May 19, 2014, for a pro forma session with no business conducted; that following the pro forma session, the Senate adjourn until 10 a.m. on Tuesday, May 20, 2014; that following the prayer and pledge, the morning hour be deemed expired, the Journal of proceedings be approved to date, and the time for the two leaders be reserved for their use later in the day; that following any leader remarks, the Senate proceed to a period of morning business until 5:30 p.m., with Senators permitted to speak therein for up to 10 minutes each, with the time from 2:30 p.m. until 5:30 p.m. equally divided or controlled between the two leaders or their designees; further, that the Senate recess from 12:30 p.m. until 2:15 p.m. to allow for the weekly caucus meetings; that at 5:30 p.m. the Senate proceed to executive session to consider the Costa nomination, as provided for under the previous order; that upon disposition of the Costa nomination, the cloture vote with respect to Executive Calendar No. 768, the Fischer nomination, occur; finally, that the cloture vote with respect to the Barron nomination occur upon disposition of the Fischer nomination.

Madam President, I believe there will be at least two rollcall votes on Tuesday at 5:30 p.m.

If there is no further business to come before the Senate, I ask unanimous consent that it adjourn under the previous order.

Mr. President, following my remarks and those of the Republican leader, the Senate will resume consideration of the motion to proceed to H.R. 3474. At 11:15 a.m. there will be up to five rollcall votes in relation to several nominations. Following those votes the time until 5:15 p.m. will be equally divided and controlled between the two leaders or their designees. At 5:15 p.m. there will be another series of rollcall votes on confirmation of three district judges and on adoption of the motion to proceed to the tax extenders legislative vehicle.

I suggest the absence of a quorum.

Mr. President, I ask unanimous consent that the order for the quorum call be rescinded.

Mr. President, this morning marks 321 days since this body passed commonsense immigration reform. For 321 days the Republican- controlled House of Representatives has done absolutely nothing to address our Nation's problems dealing with our broken immigration system. It is a system that is broken and needs to be fixed. It cannot be fixed on a piecemeal basis. It needs comprehensive immigration reform.

To the Republican extremists in the House, the time went by like that. To them, 321 days does not seem like a big deal. But outside of the Capitol, where we are dealing with people's lives, those 321 days felt like a lifetime. To American families forced to live in the shadows, each one of those days brings the dread of discovery and being torn away from their loved ones. Undocumented immigrants have lived in fear for the last 46 weeks, worrying whether they will have to leave the country they call home. For the past 10\1/2\ months children have lost their parents from government action--all while House Republicans have twiddled their thumbs.

Enough is enough. It is time for the House Republicans to act. They have wasted far too much time already failing to consider a bill that the Senate considered, and passed in less than 2 months.

A year ago the Senate Judiciary Committee, under Chairman Leahy's leadership, was in the middle of marking up the commonsense immigration reform. After 2 weeks of consideration, what did they do? A bipartisan bill was reported out of that committee. Within a month the Senate passed immigration reform and sent it to the House of Representatives. It was a good start. It was really good. But in our system of government, what we did here will have absolutely no meaning unless the House takes it up. We were able to move on immigration reform quickly because both Senate Democrats and Senate Republicans understood the need to fix a broken system.

What is the House Republicans' excuse? Why are they doing this? What are they achieving by dragging their feet on immigration reform? They claim to be working on things--they say jobs, they say legislation to reduce the debt. If they are really interested in reducing the debt, pass this bill. It is $1 trillion to reduce our debt--$1 trillion. What are they doing over there? Day after day, investigations--they investigate everything and accomplish nothing.

The fact is that the Senate-passed immigration bill reduces the deficit and spurs the economy more than the House-passed bills awaiting Senate action combined. I repeat: $1 trillion. The immigration legislation passed by the Senate reduces the deficit more than all the bills passed by the House that are currently awaiting action in the Senate.

So it is no wonder that even pro-Republican organizations are calling on Speaker Boehner to stop wasting time. Earlier this week we heard Tom Donohue, the president of the U.S. Chamber of Commerce, say that it is in the Republicans' best interests to pass immigration reform. He said unless the House passes immigration reform this year, Republicans shouldn't even bother running in 2016. So that is what he said, and it is probably true.

Politics should not be the only reason the House passes this bill. Immigration reform is far more important than any election-year politicking. Immigration reform is about families and communities.

The DREAM Act is a perfect example. In September 2010, I was in the midst of what some considered a tough re-election campaign when I helped champion Senator Durbin's DREAM Act. Though it was eventually blocked by a Republican filibuster, I did my best to pass the DREAM Act, even as some said it would cost me the election. As everyone knows by this time, the President, as he said in his State of the Union Address--and he did this last Congress and he is doing it this Congress--because we are doing virtually nothing here in the Senate, he decided to do something administratively. That is why we have deferred status for these young men and women who want to go into the military, finish their education, and this is the only place they have ever known as home.

The bill that passed here is common sense. Eleven million people--we cannot fiscally deport 11 million people. We cannot physically do it. It just will not work. That is why the legislation that was crafted here on a bipartisan basis is fair to everyone. What it says is that if this is your home and you have improper papers, we will give you some time to get those adjusted. It is going to take some time. You are not going to go to the front of the line; you are going to go to the back of the line. You are going to have to pay taxes. You are going to have to work. You are going to have to stay out of trouble and learn English. It would take about a dozen years to have your status adjusted, but at least during that period of time you can come out of the shadows.

Recently, though, the House Judiciary Committee chairman appeared on a Sunday news show and tried very, very unsuccessfully to justify his party's inaction. His reasoning as to why the House is dragging its heels? Republicans claim President Obama cannot be trusted to enforce immigration law. So what Republicans are really saying is that they will not act on immigration reform unless there are more deportations, more families torn apart. That does not make a lot of sense to most people. In a nutshell, it is the House immigration platform.

Why work to help undocumented immigrants get right with the law? Why do that? Because it is good for the country. It is fair. And, as I have indicated, it is good monetarily for this country. But what the chairman of the House Judiciary Committee said on one of those Sunday shows is in keeping with what they have done. It is hard to comprehend.

I guess that is what we have learned to expect from a House Republican conference whose immigration policy is dictated by the likes of Congressman Steven King. Remember him, Mr. President? He is the Congressmen who, instead of permitting immigrants to enlist in the military and earn citizenship, would rather send them ``on a bus back to Tijuana.'' That is a quote from him. Congressman King also claimed that for every hard-working undocumented student, there are 100 more working as drug mules with ``calves the size of cantaloupes because they're hauling 75 pounds of marijuana across the desert.''

The fact of the matter is that these men and women, with their families, are our neighbors, our classmates, our colleagues. They are here for a lot of different reasons. They have overstayed their visas. Some were brought here illegally. But we have to deal with this issue. So many of them are like Astrid Silva, who is one of the DREAMers. She was 4 years old, a little girl in a boat coming across the Rio Grande River. She had her Rosary beads and a little doll and her mom. Nevada is the only place she has ever known as home. Because she was so frightened, she was afraid to go anyplace.

This is the right thing to do. We need to move forward on comprehensive immigration reform, and we can only do that if the Republicans in the House, led by Speaker Boehner, do the right thing. It is very important. I urge the House to stop wasting time and bring immigration reform to a vote. Give the American people the assurance that we are working to finally mend our broken immigration system and give families the opportunity to come forward and work toward legal status. It really is the right thing to do.

I suggest the absence of a quorum.

We are going to have one more vote tonight. Starting at 11:15 tomorrow we could have up to five votes. So that is it for tonight.

We have yielded back the time, but I ask unanimous consent that Senator McCain be recognized for up to 1 minute.

On behalf of Senator Wyden, I call up the substitute amendment No. 3060.

I ask for the yeas and nays on that amendment.

I have a first-degree amendment at the desk.

I ask for the yeas and nays on that amendment.

I have a second-degree amendment at the desk.

I have a first-degree amendment at the desk, and the amendment is to the bill.

I ask for the yeas and nays on that amendment.

I have a second-degree amendment at the desk.

I have a motion to commit H.R. 3474 with instructions.

I ask for the yeas and nays on that motion.

I have an amendment to the instructions at the desk.

I ask for the yeas and nays.

I have a second-degree amendment at the desk.

I have a cloture motion for the substitute amendment.

I now have a cloture motion to the bill, which is also at the desk.

I ask unanimous consent that the mandatory quorum under rule XXII be waived with respect to both cloture motions.

I now move to proceed to Calendar No. 92, S. 162.